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Arbitration in Switzerland

Arbitration in Switzerland
Author: Dr. Manuel Arroyo
Publisher: Kluwer Law International B.V.
Total Pages: 3026
Release: 2018-08-06
Genre: Law
ISBN: 9041192743

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Arbitration in Switzerland


International Arbitration in Switzerland

International Arbitration in Switzerland
Author: Elliott Geisinger
Publisher: Kluwer Law International B.V.
Total Pages: 488
Release: 2013-02-01
Genre: Law
ISBN: 9041146725

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A convenient, neutral location, with a long-standing tradition of arbitration, arbitration-friendly legislation, arbitration-supportive courts, and an exemplary infrastructure – for all of these reasons, parties often choose Switzerland as their preferred seat of arbitration. Switzerland continues to therefore play a leading role in the field of arbitration. This book, since its first edition in 2004, has been widely used as a peerless practitioners’ guide to international arbitration in Switzerland. Keeping in line with the first edition, this second edition describes in detail each phase of arbitral proceedings, from drafting the arbitration clause to challenge and enforcement of the award. The second edition continues to pay close attention to all aspects, including procedure before the arbitral tribunal, interim measures, confidentiality, the mediation alternative, and many other topics. The new edition has been extensively revised to take fully into account the newly amended Swiss Rules of International Arbitration, as well as numerous changes internationally, such as the revised ICC Rules and the revised UNCITRAL Rules. Many new decisions of the Swiss Federal Tribunal relating to arbitration are also considered, as is legal commentary. The second edition also features a chart comparing major institutional arbitration rules on all aspects of the arbitral process covered by those rules. There are also two entirely new chapters – one on the legislative framework of Swiss arbitration law, and one addressing costs of arbitration. The approach throughout is rigorously practice-oriented, adding theoretical support whenever necessary. With the help of this book, practitioners will proceed confidently as they approach such tasks as the following: drafting an effective arbitration clause and choosing between ad hoc and institutional arbitration; understanding the manner in which arbitral proceedings can be structured and evaluating what is best suited to their needs; weighing the possibilities of interim relief at their disposal; anticipating the duration and costs of proceedings; and assessing post-award options. Whilst focusing on the latest developments in international commercial arbitration, International Arbitration in Switzerland includes sections on sports arbitration (with a focus on the Court of Arbitration for Sport in Lausanne) and on Swiss-based public international law dispute settlement mechanisms, such as those of the WTO and the UNCC. The book provides useful answers to concrete questions that in-house lawyers, outside counsel, and arbitrators are confronted with when practicing international arbitration in Switzerland. With its wealth of practical expertise and up-to-date information, it will enable foreign in-house and external counsel to make the appropriate choices and decisions. It will be indispensable for all practitioners and academics interested in arbitration in Switzerland.


International Arbitration: Law and Practice in Switzerland

International Arbitration: Law and Practice in Switzerland
Author: Gabrielle Kaufmann-Kohler
Publisher: Oxford University Press
Total Pages: 691
Release: 2015
Genre: Law
ISBN: 0199679754

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This third edition, and the first in English, of the globally-cited Arbitrage International-Droit et Pratique à la Lumière de la LDIP, provides complete guidance on arbitration law and practice relating to Switzerland from two of the leading authorities on Swiss practice.


Swiss Rules of International Arbitration - Second Edition

Swiss Rules of International Arbitration - Second Edition
Author: Tobias Zuberbühler,
Publisher: Juris Publishing, Inc.
Total Pages: 592
Release: 2013-08-01
Genre: Law
ISBN: 1937518175

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***NO SALES RIGHTS IN SWITZERLAND*** This second edition of the first comprehensive commentary on the Swiss Rules of International Arbitration covers the new version of these rules which entered into force on 1 June 2012. It is a practical guide for arbitrators, counsel, state courts and persons involved in the conduct and administration of arbitral proceedings under the Swiss Rules. This commentary presents the new version of the Swiss Rules from a double perspective. On the one hand, it emphasizes the relationship between these Rules and the Swiss legal regime governing international arbitration, namely the provisions of chapter 12 of the Swiss Private International Law Statute. On the other hand, it puts these Rules in an international perspective by comparing them with the corresponding provisions of the other major institutional rules (ICC, LCIA, SCC, DIS, VIAC, SIAC, HKIAC, CIETAC, AAA/ ICDR, WIPO and ICSID) and with the provisions of the former edition of the rules. Finally, it highlights the main differences between the Swiss Rules and the UNCITRAL Arbitration Rules which were revised in 2010. This book is written by arbitration practitioners based in Switzerland who work with established law firms, widely experienced in international commercial arbitration. It is the work of a refreshing new generation of Swiss arbitration specialists. Two of the editors were members of the working group for the revision of the Swiss Rules and thus bring special insight into the book about the revision process.


International and Domestic Arbitration in Switzerland

International and Domestic Arbitration in Switzerland
Author: Bernhard Berger
Publisher: Stämpfli Verlag
Total Pages: 951
Release: 2021-11-12
Genre: Law
ISBN: 3727219769

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This standard work is one of the leading authorities on Swiss arbitration law. The fully revised and supplemented Fourth Edition provides up-to-date information on the law and practice of international and domestic arbitration in Switzerland, including on the recent revision of Chapter 12 PILA in 2020 The book provides a comprehensive analysis of all relevant aspects of arbitration, including the concept of arbitration, the sources of arbitration, arbitrability, and all aspects concerning the validity and scope of the arbitration agreement and its autonomy. Other topics include competence-competence, the jurisdiction of the arbitral tribunal, the arbitral procedure, the effects and limits of arbitral awards, setting aside as well as the recognition and enforcement of awards in Switzerland. Frequently referred to in the case law of the Swiss Federal Supreme Court, the book is an indispensable tool for legal scholars dealing in depth with a controversial issue. At the same time, it is an invaluable and user-friendly source of information and reference for arbitration practitioners in Switzerland and abroad. The book's appendices contain useful supplementary materials, including a detailed table of cases and an accurate translation of the arbitration provisions of the Swiss Private International Law Act and the Swiss Code of Civil Procedure.


International Arbitration in Switzerland

International Arbitration in Switzerland
Author: Stephen Berti
Publisher:
Total Pages: 696
Release: 2000-01-01
Genre: Arbitration and award
ISBN: 9783719018122

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International Arbitration in Switzerland

International Arbitration in Switzerland
Author: Stefanie Pfisterer
Publisher: Dike Publishers
Total Pages: 0
Release: 2012
Genre: Arbitration and award
ISBN: 9783037514412

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Switzerland - with its geographical situation and political stability - has become a popular place for arbitration. The tradition of being a neutral place of arbitration, the appeal of Swiss law, and the modern lex arbitri have leveraged Switzerland's prominent standing. The country is one of the most important centers of international arbitration today. This book illustrates the current legal situation of international arbitration in Switzerland by presenting the legal environment through references to important rules for arbitration in Switzerland (in particular, the Swiss Rules of International Arbitration, the Rules of Arbitration of the International Chamber of Commerce ICC, and the UNCITRAL Arbitration Rules). The structure of the book follows a well-established pattern, beginning with the basics of the arbitration agreement, the course of arbitral proceedings up to the arbitral award, and its recognition and enforcement in Switzerland and abroad. (Series: Swiss Law in a Nutshell)


Arbitration Law of Switzerland

Arbitration Law of Switzerland
Author: Philippe Bärtsch
Publisher: Juris Publishing, Inc.
Total Pages: 206
Release: 2014-04-01
Genre: Law
ISBN: 1937518388

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Arbitration Law of Switzerland is a comprehensive review of the arbitration law and practice in Switzerland. Contents include: A discussion of the history and current legislation on arbitration and arbitration infrastructure and practice. Analysis of the current law and practice including an examination of the arbitration agreement, jurisdiction, arbitrability, the arbitral tribunal, conducting arbitration, the arbitral award and challenges and other actions against the award. A useful chapter on the recognition and enforcement of awards rendered both in Switzerland and in foreign jurisdictions and a comprehensive chapter covering the Swiss Rules of International Arbitration and the practices of the Swiss Chambers’ Arbitration Institution.


10 Years of Swiss Rules of International Arbitration - ASA Special Series No. 44

10 Years of Swiss Rules of International Arbitration - ASA Special Series No. 44
Author: Nathalie Voser
Publisher: Juris Publishing, Inc.
Total Pages: 331
Release: 2014-10-01
Genre: Arbitration and award
ISBN: 1937518493

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On the occasion of the 10th anniversary of the Swiss Rules of International Arbitration, the ASA decided to devote its annual conference in January 2014 to this topic. This volume of the ASA Special Series contains the written versions of all the presentations given during this conference. Most of the contributions were based on the verbatim protocol which was prepared on the conference day and thus retain their informal speaking style. In their 10 years of existence, the Swiss Rules have established themselves as modern arbitration rules, offering a user efficient and transparent arbitral proceedings. Probably the most distinguishing feature of the Swiss Rules with regard to the administration of the cases is their "light touch" as applied by the Swiss Chambers' Arbitration Institution, reserving however a supervisory function for its Court. This volume is structured along the panels of the conference. The first panel addressed the history and the background of the Rules as well as their main characteristics. The second and the third panels explore the key features of the revised Swiss Rules, namely the consolidation and joinder provisions, the set-off and counter-claim provisions, the expedited procedure, provisional measures and the emergency arbitrator as well as provisions on confidentiality and settlement facilitation. While the fourth panel provided the insiders’ view into how the Institution administers its cases, the fifth and last panel discussed the perspectives of the users, the arbitrators and counsel as well as their experiences with the Swiss Rules.


International Arbitration in Switzerland

International Arbitration in Switzerland
Author: Daniel Girsberger
Publisher:
Total Pages: 393
Release: 2012
Genre: Arbitration and award
ISBN: 9783725564880

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